Solar Rights

Last updated: August 28, 2018

Program Overview

Implementing Sector:State
Category:Regulatory Policy
State:West Virginia
Incentive Type:Solar/Wind Access Policy
Eligible Renewable/Other Technologies:Solar Water Heat, Solar Space Heat, Solar Thermal Electric, Solar Photovoltaics, Solar Pool Heating

Authorities

Name:W. Va. Code §36-4-19
Date Enacted:3/10/2012
Effective Date:6/8/2012

Summary

In March 2012, West Virginia enacted legislation (H.B. 2740) that restricts housing associations from prohibiting solar energy systems on homes. Any governing document executed or recorded after June 8, 2012, that effectively prohibits or restricts the installation or use of a solar energy system is void and unenforceable. However, housing association members may vote to establish or remove a restriction that prohibits or restricts the installation or use of a solar energy system.

A solar energy system is defined as "a system affixed to a building or buildings that uses solar devices, which are thermally isolated from living space or any other area where the energy is used, to provide for the collection, storage, or distribution of solar energy."

This prohibition does not apply to provisions that impose "reasonable restrictions" on solar energy systems, including restrictions for historical preservation, architectural significance, religious or cultural importance to a given community. In addition, the law specifies that state and local authorities may regulate solar energy systems by establishing land use, health and safety standards, and that housing associations may restrict or limit the installation of solar energy systems installed in common areas and common structures.

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